(1) “Accessory use” means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure. Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment shall be considered as accessory uses.
(2) “Agriculture” means the use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce, provided, however that:
A. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
(3) “Board” means the Board of Zoning Appeals of the Village of West Unity, Ohio.
(4) “Building” means a structure having a roof supported by columns or walls designed, built or used for the enclosure, shelter or protection of persons, animals, chattels or property.
(5) “Building, height of” means the vertical distance measured from the adjoining street center-line grade at a point opposite the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Where the buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
(6) “Building line” means a line with a fixed location parallel to the front street line as determined by the Zoning Ordinance or recorded deed restrictions, of which the foundation wall and/or any enclosed porch, vestibule, or other such portion of a building shall not project.
(7) “Business services” means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or business.
(8) “Certificate of occupancy” means a certificate issued by the Zoning Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of the Zoning Ordinance.
(9) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
(10) “Commission” means the Village Planning Commission.
(11) “Conditional use” means a use which is subject to conditional approval by the Board of Zoning Appeals. A conditional use may be granted by the Board only when there is a specified provision for said conditional use in district in which same is proposed. A conditional use is not to be considered to be a non-conforming use.
(12) “Council” means the Village Council.
(13) “District or Zone” means an area within which there are uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings.
(14) “Drive-in restaurant” means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
(Ord. 411. Passed 12-4-75.)
(15) “Dwelling” means any building or structure (except a Manufactured Home or Mobile Home as herein defined, or a recreational vehicle, travel trailer, motor home or truck camper as defined by Ohio R.C. 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
(Ord. 1994-12. Passed 10-27-94.)
(16) “Dwelling unit” means space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(17) “Dwelling, single family” means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
(18) “Dwelling, two-family” means a dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
(19) “Dwelling, multi-family” means a dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi- family housing may include public housing and industrialized units.
(20) “Dwelling, rooming house” (Boarding House, Lodging House, Dormitory) means a dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(21) “Essential services” means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(Ord. 411. Passed 12-4-75.)
(22) “Factory-built housing” means a factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purpose of the Zoning Ordinance, “factory-built housing” shall include the following:
A. “Modular home” which means factory-built housing that meets all of the following requirements:
1. The structure is installed upon and properly attached to a foundation system that goes around the entire outside perimeter of the structure and provides adequate support of the structure’s vertical and horizontal load and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line;
2. Minimum roof pitch of five by twelve;
3. Minimum 8-foot sidewalls;
4. Minimum of 26 feet in width per unit; and
5. Meets the requirements of Table 1
(District Regulations for Residential Buildings) and all other provisions of the Zoning Ordinance.
B. “Manufactured home” which means any and all factory-built housing that fails to constitute a “modular home”, as defined in the preceding paragraph, but does comply with the siting requirements of Section 1145.06 and meets the requirements of Table 1
(District Regulations for Residential Buildings) and all other provisions of the Zoning Ordinance, as amended. “Manufactured home” includes double units (double wide).
C. “Mobile home”, which means any and all factory-built housing that fails to constitute a “modular home” or “manufactured home”, as defined above.
(Ord. 1998-1. Passed 1-8-98.)
(23) “Family” means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons.
(24) “Garage, private” means a detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:
A. Not more than one space is rented for parking to person not resident on the premises;
B. No more than one commercial vehicle per dwelling unit is parked or stored;
C. The commercial vehicle permitted does not exceed two tons capacity.
(25) “Garage, public” means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
(26) “Garage, service station” mean buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries, and distribution parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors, and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, and lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head of crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other informational material to customers, provision of restroom facilities;
M. Warranty maintenance and safety inspections.
(27) “Home occupation” means an occupation conducted in a dwelling unit, provided that:
A. No more than one person other than members of the family residing on the premises shall be engaged in such operation;
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building;
D. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Zoning Ordinance and shall not be located in a required front yard;
E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises.
(28) “Hotel” means a structure or portion thereof in which more than five guest rooms are used to provide or offer temporary accommodations for transient guests.
(29) “Improvement location permit” means a permit issued by the Village of West Unity, Ohio, or its duly authorized representative stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of this Zoning Ordinance.
(30) “Junk yard” means any land or building used for abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials or for abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles, machinery, or parts thereof.
(31) “Kennel” means any premises or portions thereof on which more than four dogs, cats, or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
(Ord. 411. Passed 12-4-75.)
(32) “Lot” means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are required herein. Such lots shall have a minimum of fifty feet of frontage on an improved public street.
(Ord. 1996-11. Passed 6-27-96.)
(33) “Lot area” means the total horizontal area included within the area defined by the rear, side, and front lot or proposed front street line. No alley, public way, public land, or area proposed for future street purposes is included in the net area of a lot.
(34) “Lot, front of” means the side or sides of an interior or through lot which abuts a street; in a corner lot, the front of the lot shall be determined by the owner or developer of the lot.
(35) “Lot width, minimum; at the building line” means the least permissible width of a lot measured horizontally along the front building line.
(36) “Lot lines” means lines bounding a lot, as hereinafter described:
A. “Lot line, front” means the line running along the front of the lot and separating it from the street. In these regulations, the front lot line is called the “front street line”. In a “through lot” both lines abutting the streets are deemed “front street lines”.
B. “Lot line, rear” means the lot line generally opposite or parallel to the front street line, except in a “through lot”. If a rear lot line is less than ten feet along or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curved, parallel to the chord of the arc of said front street line.
C. “Lot line, side” means any lot line other than a front street line or a rear lot line. A side lot line separating the lot from a street is a “side street line”.
(37) “Manufacturing” is any production or industrial process, which combines one or more raw materials or components into a product, or which changes the nature of the materials entering the process.
(Ord. 411. Passed 12-4-75.)
(38) “Mobile home” See 1125.01(22)C.
(39) “Mobile home park” means a Manufactured Home Park licensed as provided in Ohio R.C. Chapter 3733 as the same now exists and may be amended from time to time.
(Ord. 1994-12. Passed 10-27-94.)
(40) “More restrictive” means in reference to nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, etc., or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.
(41) “Motel” means a series of attached, semi-detached, or detached dwelling units containing bedroom, bathroom, and closet space, where each unit has convenient access to a parking space for the use of the unit’s occupants. With the exception of the apartment of the manager or caretaker, the units are built for the use of automobile transients. The site of the motel has direct and convenient access to a main traveled road.
(42) “Motor vehicles” shall include automobiles, trucks, tractors, trailers, semi-trailers, bicycles, motorcycles, scooters, airplanes, buses and farm implements, whether self-propelled or designed to be pulled, pushed or carried by another motor vehicle.
(43) “Motor vehicles salvage yard” means an area of land used for any of the following uses: storing, wrecking, dismantling, cutting or breaking of motor vehicles and serviceable parts from worthless and useless parts, marketing valuable and serviceable parts and disposing of the worthless and useless parts.
(44) “Non-conformities” means a building, structure or use of land existing at the time of enactment of this Zoning Ordinance, and which does not conform to the regulations of the district or zone in which it is situated.
(45) “Parking area, public” means an open area available for public use (other than a street or alley) and designed for use or used for the temporary parking of more than four motor vehicles, whether free or for compensation, or as an accommodation for clients or customers.
(46) “Parking space” (Off-street, one) means a space other than on a street, passageway, or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and twenty feet long including driveway and garage on private residential property.
(47) “Personal services” means enterprises conducted for gain which primarily offer services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.
(48) “Professional activities” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.
(49) “Public service facility” means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewerage services.
(50) “Public uses” means public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
(51) “Recreational facilities” means public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing, and riding clubs, and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, and bowling alleys.
(52) “Semipublic uses” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
(53) “Sewers, group” means an approved sewage disposal system which provides for the combined collection and disposal of sewage from a group of residential, commercial or industrial buildings.
(54) “Sewers, on-site” means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(55) “Sign” means any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
A. “Sign, on-premises”: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
B. “Sign, off-premises”: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
C. “Sign, illuminated”: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
D. “Sign, lighting device”: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
E. “Sign, projecting”: Any sign which projects from the exterior of a building.
(56) “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above it, then the space between any floor and the ceiling next above it; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds four feet.
(57) “Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels, and pools.
(58) “Tourist home” means a building in which one but not more than five guest rooms are used to provide or offer overnight accommodations for transient guests.
(59) “Uses” means the employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment.
(60) “Use, open” means the use of a lot without a building or including a building incidental to the open use with a ground floor area equal to five percent (5%) or less of the area of the lot.
(61) “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(62) “Yard” means a space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this Zoning Ordinance.
(63) “Yard, front” means a yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way line and the building line.
(64) “Yard, rear” means a yard extending across the full width of the lot between the rear of the main building and the rear lot line the depth of which is the least distance between the rear lot line and the rear of such main building.
(65) “Yard, side” means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety (90) degree angle with the side lot line, from the nearest point of the side lot line to the nearest part of the main building.
(Ord. 411. Passed 12-4-75.)